Regulation

Annex 1

Adopted 

by the Resolution of the Government 

of the Republic of Tajikistan 

dated December 28, 2006 

№590

1. The State Committee on Investments and State Property Management of the Republic of Tajikistan (Committee) is a central executing body. Within its authorities the Committee implements state policy and government legal regulation in investment sphere, public property management and implementation of the process of denationalization and privatization of state property in the Republic of Tajikistan presenting the interests of country as an owner, conduction of activities on implementation of the programs of support for entrepreneurship.

 

2. In its activities the Committee is guided by the Constitution of the Republic of Tajikistan, Laws of the Republic of Tajikistan, Resolutions of the Parliament of the Republic of Tajikistan, Decrees and Instructions of the Government of the Republic of Tajikistan, Resolutions and Decrees of the Government of the Republic of Tajikistan, international legal regulations adopted by the Republic of Tajikistan and under this Regulation as well. 

 

3. The Committee implements its activities directly and through its territorial bodies in interaction with other executing bodies, public and other organizations.

 

 

4. The Committee implements the following authorities in the established sphere of activities: 

- Elaborating draft laws and other government legal regulations of the Republic of Tajikistan on the issues of the Committee’s sphere of activities and submitting them to the Government of the Republic of Tajikistan for consideration; 

- Independently adopting government legal regulations as well as decisions in the established sphere of activities; 

- Developing and implementing measures on improving investment climate in the country, creates legal and other conditions promoting attraction of investments; 

- Participating in development and implementation of investment programs, formatting conditions of concession agreements and also representing interests of the state as an owner within the frameworks envisaged by corresponding government legal regulations of the Republic of Tajikistan; 

- Promoting attraction of investments for implementation of state programs, priority social projects including loans and grants of international economic and financial organizations and donor countries; 

- Coordinating foreign aid provided to the Republic of Tajikistan; 

- Creating effective system of interaction with investors, assisting in ensuring adherence to guarantees established under the legislation of the Republic of Tajikistan and also in protecting legal rights and investors’ interests; 

- Implementing coordination of public bodies’ activities on work with investors; 

- Implementing policy of the Government of the Republic of Tajikistan on denationalization and privatization of state property for the purpose of formatting the multistructure economy and transforming state property into other forms of ownership; 

- Developing methodological provision of the privatization process; 

- Managing the activities of territorial bodies of the Committee; 

- Providing safety and effective use of state property; 

- Conducting assessment activities of the state property in the Republic of Tajikistan; 

- Protecting property rights and interests of the Republic of Tajikistan in respect of rights of property and use of state property of the Republic of Tajikistan on the territory of other states;

- Attracting investments by providing participation of a wide range of potential investors in the privatization process;

- Conducting state policy on warning groundlessness of state enterprises and implementation of the legislation on bankruptcy; 

- Assisting formation of market relations on the basis of entrepreneurship development; 

- Conducting state policy directed at support for entrepreneurship including small and medium one, assisting formation and strengthening entrepreneurship sector of economy of the Republic of Tajikistan, state regulation, intersectoral and interregional coordination in the sphere of development and support for small entrepreneurship; 

- Assisting development of investment activities of small business enterprises; 

- Making investment flows analysis, studying and summarizing world experience of their attraction and stimulation; - Preparing proposals on implementation of measures directed at improvement of investment climate of the Republic of Tajikistan including improvement of the legislation of the Republic of Tajikistan as well as development of the international investment cooperation; 

- Participating jointly with corresponding ministries and departments in preparation and conclusion of international agreements on investment activities issues; 

- Conducting advertising and informational campaign on investment opportunities in the Republic of Tajikistan; 

- Summarizing, analyzing and providing further promotion in central and local executing bodies of the Republic of Tajikistan of proposals and drafts submitted by foreign institutions of the Republic of Tajikistan in the order established under the legislation; 

- Organizing records and accounts on attracting and using investments jointly with public bodies concerned; 

- Rendering assistance to juridical and physical persons of the Republic of Tajikistan in juridical Resolution of economic disputes in foreign countries; 

- Rendering assistance to foreign juridical and physical persons in juridical resolution of economic disputes in the Republic of Tajikistan; 

- Organizing and conducting summits, forums, seminars, presentations, conferences and other arrangements in Tajikistan and abroad for the purpose of popularization and propaganda of achievements and investment opportunities of the Republic of Tajikistan jointly with public bodies concerned; 

- Implementing cooperation with investors, international and other organizations on the issues of its activities; 

- Organizing and conducting expertise of contracts and other documents within its authorities concerning investment projects;

- Conducting analysis and organizing fulfilling of production-technical, economic, ecological, financial, tax and other conditions of the concluded contracts; 

- Ensuring reception of all conciliative and permitting documents necessary for investment projects implementation;

- Conducting monitoring and control over implementation of investment projects including control over fulfilling contract conditions;

- Ensuring publication in mass media of information on government legal regulations related to implementation of investment projects, list of projects on which contracts were concluded, amounts of investment contribution to the projects and a number of created workplaces; 

- Coordinating activities of state bodies and foreign institutions of the Republic of Tajikistan on the issues falling under competence of the Committee; 

- Within its competence developing and approving government legal documents, methodical documents which regulate the issues of property relations of the process of privatization and bankruptcy, controlling execution of the mentioned documents, making amendments there and also providing explanations for their application; 

- Elaborating strategy and programs of state property privatization, individual projects of enterprises privatization and other organizations which are strategically important for the economy of the Republic; 

- Implementing work on effective management and disposal of state property including its settling in the established order on economic jurisdiction and operating management, conveying such property from one balance to another, leasing the property out, its trust management and including into the authorized capital of economic entities; 

- On behalf of the state, exercising authorities of the stakeholder (participant) of joint-stock companies having state block of stocks (a share); - Organizing work on control over rational use and state property safety; 

- Coordinating activities of state bodies on the issues of the state property disposing; 

- Keeping a record of state property objects; 

- Analyzing dynamics of privatization process, progress of implementation of privatization programs of state property and submitting reports on their implementation to the Government of the Republic of Tajikistan; 

- Conducting work on protection of property rights and use of state property of the Republic of Tajikistan abroad; 

- Representing interests of the state in decision of issues related to commencement of proceedings on bankruptcy in accordance with the legislation of the Republic of Tajikistan;

- Arranging work on restructuring, reorganizing and liquidating enterprises and other state organizations;

- Making analysis of financial-economic condition of enterprises with state share in property; 

- Implementing strategy, policy and coordination of work on establishment and development normative and legal base of the assessment activity of property in the Republic of Tajikistan; 

- Providing openness and transparency of privatization process; 

- Implementing protection of interests of the republic in the sphere of observance of legality of state property use, ensuring observance of legislation of the Republic of Tajikistan in international and legal acts acknowledged by the Republic of Tajikistan and concluded with foreign investors; 

- Implementing policy of the state on preventing bankruptcy as well as providing conditions of the bankruptcy process implementation; 

- Concluding agreements with scientific institutions and scientists on conduction of scientific works on summarizing recommendations necessary for implementation of responsibilities of the Committee; 

- Attracting consultative organizations including foreign ones for preparation of projects and programs of privatization and investment attraction; 

- Forming and maintaining dividend database and database on reacquiring state property, carrying out control over the correctness of distribution of dividends for the state share holding of republican property; 

- Ensuring receipt and transfer of dividends and funds received in result of privatization of state property and other types of activities of the Committee in accordance with the order established under the legislation;

- Participating in management of state property (state share) through attendance of the Committee representatives in the work of councils of directors, boards, meetings of shareholders of joint-stock societies;

- Implementing the function of protecting interests of the state as an owner; 

- Coordinating the enterprises processes of restructuring which cover all types of activities of the enterprise facilitating reduce of expenses, liquidation of unprofitable types of activities and creation of effective management mechanism; 

- Controlling use of leasehold state property; 

- Interacting with international organizations on the issues of reviewing and practical using the achievements and experience of other countries in the sphere of privatization, management, disposition, efficient use and control over safety of objects of state property;  

- Introducing effective pre-privatization and pre-selling preparation of state enterprises for their further transformation into private property or other types of property; 

- Participating in management of enterprises with participation of foreign investments having the government take; 

- Introducing a corporate governance system directed at cardinal enhancement of the role of shareholders, supervisory boards and other internal bodies in managing joint-stock companies with the government take, increasing responsibility of executing bodies of enterprises and other organizations for the results of their activities; 

- Promoting development of small and medium business; 

- Facilitating formation and development of infrastructure of entrepreneurship in the Republic;

- Conducting analysis of entrepreneurship status and effectiveness of measures of state support;

- Conducting analysis of regional programs of entrepreneurship development; 

- Participating in carrying out control over effectiveness of use of state funds allocated for support and development of entrepreneurship; 

- Preparing proposals on nomenclature of types of goods (works, services) and their amount, the purchase of which should be made from business enterprises; 

- Preparing proposals on creation of concessionary terms for the use of state financial, material-technical and information resources as well as scientific-technical developments and technologies by business enterprises. 

- organizing interaction of central and local executing bodies in solution of problems related to the activities of business enterprises; 

- Introducing proposals to the Government of the Republic of Tajikistan on improvement of tax system, change of financial and credit policy with respect to business enterprises to ensure their support; 

- Providing state support for entrepreneurship and external economic activities of business enterprises including development of their trade, scientific-technical, industrial and other communications with foreign partners that promotes development of entrepreneurship; 

- In the established order holding tenders and concluding state contracts on placement of orders for goods delivery, on implementation of works and rendering of services for the needs of the Committee as well as on the conduction of research works for state needs in the established sphere of activities; 

- Summarizing practices of application of the legislation of the Republic of Tajikistan and conducting analysis of implementation of state policy in the established sphere of activities; 

- Implementing functions of the main administrator and recipient of funds of the republican budget envisaged for maintenance of the Committee and implementation of functions entrusted with the Committee;  

- Organizing reception of citizens, providing timely and full consideration of writing requests of citizens, taking corresponding decisions and sending responses to the declarants within the timeframe established under the legislation of the Republic of Tajikistan; 

- Within its competence providing protection of information being a state secret; 

- Organizing professional training of the Committee staff, their retraining, raising the level of skills and probation period as well as training and retraining of specialists on the issues of the Committee scope of activities; 

- In the established order interacting with public authorities of foreign states and international organizations in the established sphere of activities; 

- In accordance with the legislation of the Republic of Tajikistan implementing work on integration, custody, registration and use of archival documents issued in the process of activities;

- Exercising other authorities entrusted with the Committee under government legal regulations of the Republic of Tajikistan. 

 

5. For the purpose of implementation of authorities in the established sphere of activities the Committee has the right of: 

- Requesting and receiving information necessary for taking decisions on the issues related to the Committee competence from governing bodies, juridical and physical persons; 

- Within its competence and delegated authorities acting on behalf of the Republic of Tajikistan and conducting negotiations on the issues of conclusion of international legal acts in the sphere of investment cooperation, encouragement and mutual protection of investments; 

- Taking decisions, within its competence, compulsory for execution by public bodies and other organizations including decisions on the issues related to preparation and implementation of investment projects; 

- Within the delegated authorities and within its competence, representing the Republic of Tajikistan in conducting direct negotiations with investors, defining conditions and order of conclusion and cancellation of international legal acts, signing, registering and controlling over fulfillment of their conditions; 

- Jointly with the Ministry of Foreign Affairs of the Republic of Tajikistan coordinating activities of public bodies and foreign institutions of the Republic of Tajikistan on the issues within the Committee’s competence;  

- Developing or taking part in the development of draft legislative and other government legal regulations connected with regulation of investment activities in the Republic of Tajikistan; 

- Requesting and receiving necessary information on the issues within the Committee’s activities from investors, public bodies, other organizations and their officials;

- Implementing publishing activities, including publication of newspapers, bulletins and magazines in the state and foreign languages on the issues within the Committee’s sphere of activities; 

- In the prescribed order establishing print media for publication of government legal regulations in the established sphere of activities, official "advertisements", posting other materials on the issues related to the Committee’s competence and enterprises and organizations included in its system;

 - In the established order involving scientific and other organizations, scientists and specialists for working out the issues of the established sphere of activities; 

- Creating in the established sphere of activities coordination, advisory and expert bodies (councils, commissions, work groups), including interdepartmental bodies; 

- In the established order taking decisions on privatization of objects being the republican property; 

- Acting as a founder of joint-stock companies, reserving the controlling stock for the state when necessary, defining its sizes in transformation of enterprises and organizations being in the state property into joint-stock companies; 

- By the decision of the Government of the Republic of Tajikistan using a part of the received dividends on shares held by the state and the funds from renting to organize preparation works on privatization including coverage of expenses on conduction of auctions and tenders, analysis of activities of state and privatization enterprises, strengthening material and technical basis as well as studying the experience of other countries;

 - In the established order making proposals on behalf of the state regarding candidates for election to the government bodies of joint-stock companies with state share, as well as appointing and discharging them; 

- Taking decisions on volunteer liquidation or reorganization of insolvent state enterprises; 

- In the established order leasing the state property out, controlling its effective use and on application of state enterprises taking decisions on the transfer of the property of enterprises to the laid-up mode; 

- Making assessment of property being distrained in the established order by juridical authorities; 

- On behalf of the state acting as a founder of economic societies created in the process of privatization, and exercising authorities of a shareholder (participant of economic societies) where there are stocks (shares) held by the state in the authorized capital; 

- Attracting consulting, assessing, juridical and other organizations authorized to implement corresponding works and services necessary for privatization;

- Appointing responsible persons for managing state share of stocks in the joint-stock companies in accordance with the active legislation of the Republic;

- Within its power approving government legal regulations regulating the issues of management of state property, liquidation and bankruptcy of enterprises;

- Representing on behalf of the state in market structures created with participation of juridical and physical persons and based on different forms of ownership;

- Taking measures on creation, reorganization and liquidation of enterprises except for the juridical actions which are to be implemented by other ministries and agencies authorized by the Government of the Republic of Tajikistan.

 

6. The Committee is headed by the Chairman which can be appointed and dismissed only by the President of the Republic of Tajikistan. The Chairman bears personal responsibility for implementation of authorities entrusted to the Committee and for carrying out state policy in the established sphere of activities. The Chairman has Deputies including the First Deputy who can be appointed and dismissed only by the Government of the Republic of Tajikistan. The number of Deputy Chairman is defined by the Government of the Republic of Tajikistan. 

 

7. The structural subdivisions of the Committee are Departments on the main activity directions of the Committee and functional divisions. 

 

8. The Chairman shall: 

- Carry out management of the Committee activities; 

- Issue regulations and orders to be compulsorily executed by the employees of the central apparatus of the Committee as well as by the organizations being in the system of the Committee; 

- Allocate responsibilities between its Deputies; 

- Approve regulations on structural subdivisions of the central apparatus of the Committee and, in the established order, regulations of organizations of the Committee; 

- In the established order submit proposals on appointment or discharge of the Deputy Chairmen and a Head of the State Property Use Supervision Service to the Government of the Republic of Tajikistan; 

- In the established order appoint and discharge the staff of the central apparatus of the Committee and the heads of the organizations included in the Committee; 

- In accordance with the legislation of the Republic of Tajikistan on public service, resolve the issues related to the public service in the Committee;

- Approve the staff schedule of the Committee within the framework of the established salary fund and number of employees, cost estimate for the maintenance of the Committee within the framework of provisions approved for the corresponding period and envisaged in the republican budget; 

- Approve the annual action plan and prediction indicatives of the activities of the organizations being a part of the Committee system as well as reports on their execution; 

- Submit proposals to the Ministry of Finance of the Republic of Tajikistan on formation of the budget with regard to the financial provision of the activities of the Committee and organizations being a part of the Committee system; 

- Give commissions to organizations being a part of the Committee system and control their execution; - In the established order single out the employees of the Committee and subdivisions of the Committee as well as other persons working in the established sphere for awarding ranks and state rewards of the Republic of Tajikistan; 

- Issue normative regulations and as to operational and other current issues of the organization of the Committee activities – non-normative orders. 

 

9. The Board of the Committee is created consisting of a Chairman of the Committee (Board Chairman), its Deputies, heads of specific structural subdivisions of the central apparatus of the Committee as well as other persons. The members of the Board are adopted to and discharged from their positions by the Government of the Republic of Tajikistan except for those being its members ex officio. 

 

At its regular meetings the Committee Board considers issues related to organization of work, selection and assignment of leading employees of the Committee, discusses issues of practical management of activities of its structural subdivisions and territorial bodies and when necessary it listens to the reports of the heads of executive power bodies at places, in ministries, agencies, enterprises, organizations and other economic entities on the issues falling under the competence of the Committee. 

 

The decisions of the Board are put into effect by the orders of the Chairman of the Committee. In case of discrepancies between the Chairman of the Committee and the Board, the Chairman shall put its own decision into effect and report on the existing discrepancies to the Government of the Republic of Tajikistan. As to the members of the Board, they also can advise the Government of the Republic of Tajikistan on their own opinion. 

 

10. The regulations of the Committee of general importance are issued in the form of Resolutions. The government legal regulations of the Committee of obligatory nature come into effect from the moment of their state registration in the Ministry of Justice of the Republic of Tajikistan. The government regulations are issued in the form of order. Resolutions and decrees are signed by the Chairman or the First Deputy Chairman during the Chairman’s absence. 

 

11. The structure and a number of employees of the central apparatus of the Committee are approved by the Government of the Republic of Tajikistan. The Chairman of the Committee is given the right to amend the content of structural subdivisions of the central apparatus of the Committee within the framework of the established number. The staff schedule and estimation cost of the central apparatus of the Committee as well as regulations of structural subdivisions of territorial bodies of the Committee shall be approved by the Chairman of the Committee.

 

12. Expenses for the maintenance of the central apparatus of the Committee are carried out from the republican budget, commission payments from the sale of state property, a part of means from the lease and dividends, financial assistance of international organizations and other sources. 

 

13. The State Committee on Investments and State Property Management of the Republic of Tajikistan is a juridical person having a seal with a State Emblem of the Republic of Tajikistan and its own name in the state and Russian languages, corresponding seals, stamps and blank sheets of the established form, and it is financed from the unique treasury account of the Ministry of Finance of the Republic of Tajikistan.

 

14. The location of the Committee is Shohtemur 27 str., Dushanbe.